Earticle

Abstract

영어

In Japan, during the latter half of the 1950s to the first half of the 1970s of the high"]growth era, the pollution problems which inflict extensive damage on many residents occurred. Especially, for the serious damage ,“Minamata disease” and “Minamata disease in Niigata”, “asthma in Yokkaiti”, “itai itai disease” is called “The four major pollution problems”. And it developed into the shared social problem of Japanese. Simultaneous with it, “The four major pollution problems” remarkable changed our measure for the pollution problems and the environmental issue. Such rising interest in these problems and the change accompanying it was seen also in the domain of law. First, many residents who suffered extensive damage filed much lawsuit against the corporation, country and prefecture. These lawsuits are called “The four major lawsuit of pollution problems”. And it had the feature different from the ordinary lawsuit for reparation (or tort liability) represented by the traffic accident in the structure of lawsuit, the purpose and the effect. As a result, also with a field of the civil law, the legal framework for changing an interpretation of traditional tort law and giving compensation was built to solve these pollution problems and environmental issues by keeping balance of the profit of the litigant.
Furthermore, the influence having given the law and lawsuit and civil law as learning did not remain only in this. The arguments for “The four major lawsuit of pollution problems” pushed us to try a new approach to a environmental issues. Not only measures after the fact and compensation by money, but also a theory that takes into consideration of our environmental light and enjoyment of benefit from nature was build. Moreover, such view of the matter has influenced strongly on a basic principle and legal framework of tort law, and created the structure of the tort law on a basis of our lights.

Contents

はじめに
 1.
 4大公害訴訟が殘したもの - 小さなコンテクスト、あるいは当時の視点から-
  (1) 救濟の中の要求　―訴訟活動に對して―
  (2) 解釋の中の変化　―不法行爲法學に對して―
 2. 4大公害訴訟が与えたもの - 大きなコンテクスト、あるいは現在の視点から-
  (1) 救濟から權利へ　―環境權論・環境利益に對して―
  (2) 賠償から權利へ　―再び不法行爲法學に對して―
 おわりに
 

Authors

• 白石 友行 [ Shiraish·Tomoyuki | 三重大學人文學部讲师 ]

Reference